Personal Liability - Chartered Practising Status and Best Practice Defences for Pacrim Practitioners

Whether you are an employee, contractor or consultant working in the mineral industry, there are pressures to deliver the best possible performance. Technical professionals are usually driven by an internal desire to perform to a high standard because of personal pride in their profession, but there are an increasing number of external requirements to demonstrate that the actions taken were based upon reasonable grounds and that the work conformed to current best practice. People expect these best practice procedures to be followed and governments are now requiring those tendering for contracts to be registered in some way and to be participants in quality assurance schemes. One is not immune to these pressures just because you are working in a less legislatively sophisticated developing country in the circum-Pacific rim (pacrim) region.   Among the external pressures are the general ethical requirements of the professional body to which the person usually belongs, e.g. The Australasian Institute of Mining and Metallurgy (AusIMM), which are further elaborated upon in various Codes and Guidelines on specific matters, e.g. JORC (ore reserves reports) and VALMIN (assessment and valuation reports). These are outlined and discussed. Also, AusIMM's Chartered Practicing Status (CPS) Proposal is outlined in the context of other Pacrim countries approach to registering of technical professionals, which is a way of ensuring that minimum standards of qualifications, experience, competence and repute are demonstrable to ones employer (or client), peers and the wider community, including government.   Today, in the external working scene, there are many laws (particularly those applicable to the corporate and environmental spheres), with which contractors/consultants and even employees must fully comply, or else face criminal sanctions involving huge fines and imprisonment. These, too, are outlined and discussed. One must be able to mount a due diligence defence to avoid or mitigate these consequences.   Personal liability in the context of the day-to-day performance of one's duties has thus become a major concern to the technical professional and the ways in which it can be ameliorated, or insured against, are described. However, for some mineral industry practitioners, the problem is exacerbated because. of their general ignorance of the extent of their personal liability exposure. This paper intends to address this ignorance and to heighten general awareness of personal liability issues, as well as proposing some simple ways to limit this liability.